Borrower) to THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as mortgagee (Lender) AGREEMENT OF SPREADER, CONSOLIDATION AND MODIFICATION OF MORTGAGE AND SECURITY AGREEMENTMortgage and Security Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
THIS AGREEMENT OF SPREADER, CONSOLIDATION AND MODIFICATION OF MORTGAGE AND SECURITY AGREEMENT (this “Agreement”) is made as of the 1st day of September, 2005, by 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company, having its principal office and place of business at c/o Wien & Malkin LLP, 60 East 42nd Street, New York, New York 10165, as mortgagor (“Borrower”), to THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, having an office at 2200 Ross Avenue, Suite 4900E, Dallas, Texas, 75201, as mortgagee (“Lender”), and joined in by FISK BUILDING ASSOCIATES L.L.C., a New York limited liability company, having its principal place of business at c/o Wien & Malkin LLP, 60 East 42nd Street, New York, New York 10165 (“Ground Lessee”).
EIGHTH LEASE MODIFICATION AGREEMENTEighth Lease Modification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of May 25, 2006, by and between 250 WEST 57TH ST. ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called “Landlord”); and FISK BUILDING ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called “Tenant”).
THIRD LEASE MODIFICATION AGREEMENTThird Lease Modification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of May 1, 1975 between 250 WEST 57TH ST. ASSOCIATES, a joint venture having its office at 60 East 42nd Street, New York, New York (hereinafter called “Landlord”) and FISK BUILDING ASSOCIATES, a partnership, having its office at 60 East 42nd Street, New York, New York (hereinafter called “Tenant”).
SECOND AMENDMENT TO OPERATING AGREEMENTOperating Agreement • October 14th, 2010 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
SECOND AMENDMENT TO OPERATING AGREEMENT of 250 West 57th St. Associates L.L.C. dated as of July 1, 2010 made by Peter L. Malkin and Anthony E. Malkin, as its members.
AMENDED, RESTATED AND CONSOLIDATED MORTGAGE NOTE250 West 57th St Associates L.L.C. • April 11th, 2012 • Operators of nonresidential buildings
THIS AMENDED, RESTATED AND CONSOLIDATED MORTGAGE NOTE by 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company, having a principal place of business at c/o Wien & Malkin LLP, 60 East 42nd Street, New York, New York 10165 (“Borrower”), to the order of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender,” which shall also mean successors and assigns who become holders of this Note (defined below), at 2200 Ross Avenue, Suite 4900E, Dallas, Texas 75201.
FIFTH LEASE MODIFICATION AGREEMENTFifth Lease Modification Agreement • March 2nd, 2007 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of September 1, 1999, by and between 250 WEST 57TH ST. ASSOCIATES, a joint venture having its office at 60 East 42nd Street, New York, New York (hereinafter called "Landlord") and FISK BUILDING ASSOCIATES, a partnership having its office at 60 East 42nd Street, New York, New York (hereinafter called "Tenant").
FIFTH LEASE MODIFICATION AGREEMENTFifth Lease Modification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of September 1, 1999, by and between 250 WEST 57TH ST. ASSOCIATES, a joint venture having its office at 60 East 42nd Street, New York, New York (hereinafter called “Landlord”) and FISK BUILDING ASSOCIATES, a partnership having its office at 60 East 42nd Street, New York, New York (hereinafter called “Tenant”).
MORTGAGE NOTE SECURED BY SECOND PRIORITY MORTGAGE250 West 57th St Associates L.L.C. • April 11th, 2012 • Operators of nonresidential buildings
FOR VALUE RECEIVED, 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company, having a principal place of business at c/o Wien & Malkin LLP, 60 East 42nd Street, New York, New York 10165 (“Borrower”), promises to pay to the order of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender,” which shall also mean successors and assigns who become holders of this Note), at 2200 Ross Avenue, Suite 4900E, Dallas, Texas 75201, the principal sum of TWELVE MILLION FOUR HUNDRED TEN THOUSAND AND NO/100 U.S. DOLLARS ($12,410,000.00), or so much thereof as shall have been disbursed hereunder in accordance with the disbursement schedule attached hereto as Schedule 1, with interest on the unpaid balance (“Balance”) at the rate of six and thirteen hundredths percent (6.13%) per annum (“Note Rate”) from and including the date of the first disbursement of Loan proceeds under this Note (“Funding Date”) until Maturity (defined below). Capitalized terms used without
FIRST AMENDMENT TO AMENDED, RESTATED AND CONSOLIDATED MORTGAGE NOTEAnd Consolidated Mortgage Note • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings • New York
THIS FIRST AMENDMENT TO AMENDED, RESTATED AND CONSOLIDATED MORTGAGE NOTE (this “Amendment”), dated as of the 25th day of May, 2006, by and between 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company (“Borrower”), and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender”).
SUBORDINATE MORTGAGE NOTE250 West 57th St Associates L.L.C. • April 11th, 2012 • Operators of nonresidential buildings
FOR VALUE RECEIVED, 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company, with offices at c/o Malkin Holdings LLC, 60 East 42nd Street, New York, New York 10165 (the “Maker”), promises to pay to SIGNATURE BANK, a New York banking corporation, having an office at 68 South Service Road, Melville, New York 11747 (the “Payee”), or such other place as may be designated in writing by the holder of this Note, the principal sum of Twenty One Million and 00/100 Dollars ($21,000,000.00) or so much thereof as shall have been advanced to the Maker pursuant to the terms of a loan agreement of even date herewith between the Maker and the Payee (the “Loan Agreement”), together with interest as hereinafter provided.
SIXTH LEASE MODIFICATION AGREEMENTSixth Lease Modification Agreement • March 2nd, 2007 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made this 17th day of November 2000, by and between 250 WEST 57TH ST. ASSOCIATES, a joint venture having its office at 60 East 42nd Street, New York, New York 10165 (hereinafter called "Landlord") and FISK BUILDING ASSOCIATES, a partnership having its office at 60 East 42nd Street, New York, New York 10165 (hereinafter called "Tenant").
PREPARED BY AND UPON RECORDING PLEASE RETURN TO: Paul P. Mattingly, Esq. Seyfarth Shaw LLPMortgage and Security Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
FOURTH LEASE MODIFICATION AGREEMENTFourth Lease Modification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
THIS AGREEMENT is made this 12th day of November, 1985, effective as of the 1st day of October, 1984, by and between 250 WEST 57TH ST. ASSOCIATES, a joint venture having its office at 60 East 42nd Street, New York, New York (hereinafter called “Landlord”) and FISK BUILDING ASSOCIATES, a partnership having its office at 60 East 42nd Street, New York, New York (hereinafter called “Tenant”).
FISK BUILDING ASSOCIATES L.L.C. c/o Malkin Holdings LLC One Grand Central Place250 West 57th St Associates L.L.C. • October 14th, 2010 • Operators of nonresidential buildings
Lease dated September 30, 1953 between 250 West 57th St. Associates L.L.C. (then known as 250 West 57th St. Associates), as landlord, and Fisk Building Associates L.L.C. (then known as Fisk Building Associates), as tenant, as modified by agreements dated June 12, 1961, June 10, 1965, May 1, 1975, November 12, 1985, September 1, 1999, November 17, 2000, August 27, 2004, March 10, 2008 and July 10, 2008 (as so modified, the “Lease”)
SEVENTH LEASE MODIFICATION AGREEMENTSeventh Lease Modification Agreement • March 2nd, 2007 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of December 28, 2004, by and between 250 WEST 57TH ST. ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called "Landlord"); and FISK BUILDING ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called "Tenant").
PREPARED BY AND UPON RECORDING PLEASE RETURN TO: PAUL P. MATTINGLY, ESQ. SEYFARTH SHAW LLP 1545 PEACHTREE STREET, N.E., SUITE 700 ATLANTA, GEORGIA 30309-2401 CROSS-REFERENCE TO: Agreement of Spreader, Consolidation and Modification of Mortgage,...Security Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
THIS SECOND PRIORITY MORTGAGE AND SECURITY AGREEMENT (this “Instrument”) is made as of the 25th day of May, 2006, by 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company, having its principal office and place of business at c/o Wien & Malkin LLP, 60 East 42nd Street, New York, New York 10165, as mortgagor (“Borrower”), to THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, having an office at 2200 Ross Avenue, Suite 4900E, Dallas, Texas, 75201, as mortgagee (“Lender”), and joined in by FISK BUILDING ASSOCIATES L.L.C, a New York limited liability company, having its principal place of business at c/o Wien & Malkin LLP, 60 East 42nd Street, New York, New York 10165 (“Ground Lessee”).
SIXTH LEASE MODIFICATION AGREEMENTSixth Lease Modification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made this 17th day of November 2000, by and between 250 WEST 57TH ST. ASSOCIATES, a joint venture having its office at 60 East 42nd Street, New York, New York 10165 (hereinafter called “Landlord”) and FISK BUILDING ASSOCIATES, a partnership having its office at 60 East 42nd Street, New York, New York 10165 (hereinafter called “Tenant”).
ContractModification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
MODIFICATION AGREEMENT dated this 12th day of June, 1961, by and between 250 WEST 57TH ST. ASSOCIATES, a joint venture, having its office at 60 East 42nd Street, New York, New York (herein called “Landlord”), and FISK BUILDING ASSOCIATES, a partnership, having its office at 60 East 42nd Street, New York, New York (herein called “Tenant”).
ContractSecond Modification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
SECOND MODIFICATION AGREEMENT, dated this 10th day of June, 1965, and effective as of the 1st day of July, 1965, by and between 250 WEST 57TH ST. ASSOCIATES, a joint venture, having its office at 60 East 42nd Street, New York, New York (herein called “Landlord”) and FISK BUILDING ASSOCIATES, a partnership, having its office at 60 East 42nd Street, New York, New York (herein called “Tenant”).
THIRD LEASE MODIFICATION AGREEMENTThird Lease Modification Agreement • March 2nd, 2007 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of May 1, 1975 between 250 WEST 57TH ST. ASSOCIATES, a joint venture having its office at 60 East 42nd Street, New York, New York 10165 (hereinafter called "Landlord") and FISK BUILDING ASSOCIATES, a partnership having its office at 60 East 42nd Street, New York, New York 10165 (hereinafter called "Tenant").
EIGHTH LEASE MODIFICATION AGREEMENTEighth Lease Modification Agreement • March 2nd, 2007 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of May 25, 2006, by and between 250 WEST 57TH ST. ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called "Landlord"); and FISK BUILDING ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called "Tenant").
CONSENT AND OPERATING AGREEMENT FOR 250 WEST 57TH ST. ASSOCIATES L.L.C. Reference is made to 250 West 57th St. Associates ("Associates"), a joint venture existing under a May 25, 1953 Agreement among Lawrence A. Wien and others (the "Agreement"). It...Consent and Operating Agreement • April 15th, 2003 • 250 West 57th St Associates • Operators of nonresidential buildings
SEVENTH LEASE MODIFICATION AGREEMENTSeventh Lease Modification Agreement • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
AGREEMENT made as of December 28, 2004, by and between 250 WEST 57TH ST. ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called “Landlord”); and FISK BUILDING ASSOCIATES L.L.C., a limited liability company having its office at 60 East 42nd Street, New York, New York (hereinafter called “Tenant”).
Exhibit 3c CONSENT AND OPERATING AGREEMENT FOR 250 WEST 57TH ST. ASSOCIATES L.L.C. Reference is made to 250 West 57th St. Associates ("Associates"), a joint venture existing under a May 25, 1953 Agreement among Lawrence A. Wien and others (the...Consent and Operating Agreement • November 20th, 2002 • 250 West 57th St Associates • Operators of nonresidential buildings
SUBORDINATE MORTGAGESubordinate Mortgage • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings • New York
THIS MORTGAGE, made as of the 15th day of October, 2009, between 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company, with offices at c/o Malkin Holdings LLC, 60 East 42nd Street, New York, New York 10165 (the “Mortgagor”) and SIGNATURE BANK, a New York banking corporation, having an office at 68 South Service Road, Melville, New York 11747 (the “Mortgagee”), and joined in by FISK BUILDING ASSOCIATES L.L.C., a New York limited liability company, with offices at c/o Malkin Holdings LLC, 60 East 42nd Street, New York, New York 10165 (the “Ground Lessee”).
MODIFICATION OF SUBORDINATE MORTGAGE NOTEModification of Subordinate Mortgage Note • April 11th, 2012 • 250 West 57th St Associates L.L.C. • Operators of nonresidential buildings
THIS MODIFICATION OF SUBORDINATE MORTGAGE NOTE (this “Modification”) made as of the 24th day of January, 2012 between SIGNATURE BANK, a New York banking corporation having an office at 68 South Service Road, Melville, New York 11747 (the “Lender”) and 250 WEST 57TH ST. ASSOCIATES L.L.C., a New York limited liability company having an office at c/o Malkin Holdings LLC, 60 East 42nd Street, New York, New York 10165 (the “Borrower”).
